II 

114TH CONGRESS 

1ST SESSION S. 1040 

To direct the Consumer Product Safety Commission and the National Academy of Sciences to study the vehicle handling requirements proposed 

by the Commission for recreational off-highway vehicles and to prohibit 

the adoption of any such requirements until the completion of the study, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2015 

Mr. HELLER (for himself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To direct the Consumer Product Safety Commission and 

the National Academy of Sciences to study the vehicle 

handling requirements proposed by the Commission for 

recreational off-highway vehicles and to prohibit the 

adoption of any such requirements until the completion 

of the study, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ROV In-Depth Exam5 ination Act of 2015’’. 

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1 SEC. 2. RECREATIONAL OFF-HIGHWAY VEHICLE STAND2 ARDS STUDY. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Consumer Product Safety Commission. 

6 (2) RECREATIONAL OFF-HIGHWAY VEHICLE

7 AND ROV.— 

8 (A) IN GENERAL.—The term ‘‘recreational 

9 off-highway vehicle’’ or ‘‘ROV’’ means a motor10 ized off-highway vehicle designed to travel on 

11 four or more tires, intended by the manufac12 turer for recreational use by one or more per13 sons and having the following characteristics: 

14 (i) A steering wheel for steering con15 trol. 

16 (ii) Foot controls for throttle and 

17 service brake. 

18 (iii) Non-straddle seating. 

19 (iv) Maximum speed capability greater 

20 than 30 miles per hour. 

21 (v) Gross vehicle weight rating no 

22 greater than 3,750 pounds. 

23 (vi) Less than 80 inches in overall 

24 width, exclusive of accessories. 

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1 (vii) Engine displacement equal to or 

2 less than 61 cubic inches for gasoline 

3 fueled engines. 

4 (viii) Identification by means of a 17- 

5 character personal or vehicle information 

6 number. 

7 (B) EXCLUSION.—Such term does not in8 clude a prototype of a motorized, off-highway, 

9 all-terrain vehicle or other motorized, off-high10 way, all-terrain vehicle that is intended exclu11 sively for research and development purposes 

12 unless the vehicle is offered for sale. 

13 (b) NO MANDATORY STANDARDS REGARDING PER14 FORMANCE OR CONFIGURATION OF ROVS.— 

15 (1) IN GENERAL.—The Consumer Product 

16 Safety Commission shall have no authority to estab17 lish any standards concerning the performance or 

18 configuration of recreational off-highway vehicles 

19 until after the completion of the study required by 

20 subsection (c). This prohibition includes a prohibi21 tion on the exercise of any authority pursuant to 

22 section 27(e) of the Consumer Product Safety Act 

23 (15 U.S.C. 2076(e)) to require ROV manufacturers 

24 to provide performance and technical data to promstockstill on DSK4VPTVN1PROD with BILLS

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1 spective purchasers and to the first purchaser of an 

2 ROV for purposes other than resale. 

3 (2) VOLUNTARY STANDARDS.—Nothing in this 

4 section shall be construed as suggesting that ROVs 

5 shall not be manufactured in compliance with appli6 cable voluntary standards. 

7 (c) STUDY ON PROPOSED LATERAL STABILITY AND

8 VEHICLE HANDLING REQUIREMENTS.— 

9 (1) AGREEMENT.— 

10 (A) IN GENERAL.—The Commission shall 

11 seek to enter into an agreement with the Na12 tional Academy of Sciences to perform the serv13 ices covered by this subsection. 

14 (B) TIMING.—The Commission shall seek 

15 to enter into the agreement described in sub16 paragraph (A) not later than the latest date by 

17 which the Commission considers reasonable for 

18 the National Academy of Sciences to begin per19 forming the services covered by this subsection 

20 and complete them before the date described in 

21 paragraph (2)(D). 

22 (2) STUDY.— 

23 (A) IN GENERAL.—Under an agreement 

24 between the Commission and the National 

25 Academy of Sciences under this subsection, the 

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1 National Academy of Sciences shall conduct a 

2 study on matters concerning the lateral stability 

3 and vehicle handling requirements proposed by 

4 the Commission in a notice of proposed rule5 making published in the Federal Register No6 vember 19, 2014 (79 Fed. Reg. 68964). 

7 (B) ELEMENTS.—The study carried under 

8 subparagraph (A) shall determine— 

9 (i) the technical validity of the lateral 

10 stability and vehicle handling requirements 

11 described in subparagraph (A), for pur12 poses of reducing the risk of ROV rollovers 

13 in the off-road environment, including the 

14 repeatability and reproducibility of testing 

15 for compliance with such requirements; 

16 (ii) the number of ROV rollovers that 

17 would be prevented if the proposed require18 ments were adopted; 

19 (iii) whether there is a technical basis 

20 for the proposal to provide information on 

21 a point-of-sale hangtag about a vehicle’s 

22 rollover resistance on a progressive scale; 

23 and 

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1 (iv) the effect on the utility of ROVs 

2 used by the Armed Forces if the proposed 

3 requirements were adopted. 

4 (C) CONSULTATION.—In carrying out the 

5 study pursuant to subparagraph (A), the Na6 tional Academy of Sciences shall consult with 

7 the Administrator of the National Highway 

8 Traffic Safety Administration and the Secretary 

9 of Defense. 

10 (D) DEADLINE AND REPORT.—In carrying 

11 out the study pursuant to subparagraph (A), 

12 the National Academy of Sciences shall com13 plete and transmit to the Commission a report 

14 containing the findings of the study not later 

15 than 2 years after the date of the enactment of 

16 this Act. 

17 (3) REPORT TO CONGRESS.—Not later than 5 

18 days after receiving the report described in para19 graph (2)(D) from the National Academy of 

20 Sciences, the Commission shall submit to the Com21 mittee on Commerce, Science, and Transportation of 

22 the Senate and the Committee on Energy and Com23 merce of the House of Representatives such report, 

24 along with such comments as the Commission may 

25 have concerning the report. 

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1 (4) CONSIDERATION.—The Commission shall 

2 consider the results of the study conducted under 

3 this subsection in any subsequent rulemaking re4 garding the performance or configuration of ROVs, 

5 or the provision of point-of-sale information regard6 ing ROV performance. 

7 (5) ALTERNATE CONTRACT ORGANIZATION.— 

8 (A) IN GENERAL.—If the Commission is 

9 unable within the period prescribed in para10 graph (1)(B) to enter into an agreement de11 scribed in paragraph (1)(A) with the National 

12 Academy of Sciences on terms acceptable to the 

13 Commission, the Commission shall seek to enter 

14 into such an agreement with another appro15 priate organization that— 

16 (i) is not part of the Government; 

17 (ii) operates as a not-for-profit entity; 

18 and 

19 (iii) has expertise and objectivity com20 parable to that of the National Academy of 

21 Sciences. 

22 (B) TREATMENT.—If the Commission en23 ters into an agreement with another organiza24 tion as described in subparagraph (A), any ref25 erence in this section to the National Academy 

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1 of Sciences shall be treated as a reference to 

2 the other organization. 

Æ 

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